Lawyers liability due to lack of guarantee

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
24 Oct 2016 19:16 by mariadecastro Star rating in Algeciras (Cadiz). 9298 posts Send private message

Legal Questions? Speak to Maria Direct

2 diffferent Court decissions by Provintial Court in Alicante are condemning lawyer to refund fees to buyers if they did not provide them with individual certificates of Bank Guarantees in an off plan purchase. Interesting.

1) Reaffirm legal obligations of Banks receiving those off plan deposits

2) Add this liability of conveyancing lawyers



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
24 Oct 2016 20:06 by ads Star rating. 4012 posts Send private message

I have several questions Maria.

Is this similar to joint and several liability with developer and Bank? I'm thinking that if the lawyer goes into administration then would the liability fall back on the Bank?

Also is this only applicable where there was no guarantee provision or would it be applicable in the case of an illegal guarantee ( I.e. not recognised in Spain)?

I hope those ongoing lawsuits against the Bank with no guarantee provision will not be compromised by these rulings? Will they for example have to be resubmitted as joint and several lawsuits to prevent Banks from trying to pass the responsibility on to the lawyers?

Will there be extra costs and more delays associated with this given there is no SC clarification acting as jurisprudence?

Will this now create an element of doubt which will compromise return of costs?

Or will those banks in ongoing cases submitted prior to these recent judicial rulings have to solely honour their responsibilities for return of monies and interest?

It has always been suggested to date that lawsuits against lawyers would be a last resort mechanism, when all else has failed, so has this altered that legal strategy?





Like 0      
24 Oct 2016 23:24 by briando55 Star rating in Yorkshire. 2004 posts Send private message

I'm not clear what this means Maria.   

Is it the fees charged by a lawyer to an off plan buyer during the purchase process?

Most of the cases I read about on here are direct transactions between off plan purchasers and builders where banks are the account holders.  

Where do lawyers fit in to the picture in this ruling please? 



_______________________

Best wishes, Brian

 




Like 0      
25 Oct 2016 00:13 by ads Star rating. 4012 posts Send private message

So does this mean that costs relating to the original conveyancing process will now be recoverable from that law firm, as well as deposited monies and interests from the Bank? And what about recovery of costs in this legal process, will they be recoverable too?

Does this in any way compromise the action against the Bank?





Like 0      
25 Oct 2016 10:32 by briando55 Star rating in Yorkshire. 2004 posts Send private message

I'm not clear what this means Maria.   

Is it the fees charged by a lawyer to an off plan buyer during the purchase process?

Most of the cases I read about on here are direct transactions between off plan purchasers and builders where banks are the account holders.  

Where do lawyers fit in to the picture in this ruling please? 

Also a follow on question:   When the builder we were buying from went into the administration process, the lawyer made a considerable amount of money advising buyers to stay in this process and 'protect their money'.  I said very firmly at the time it was going to be a waste of money and that it was just a holding up process, guess what I was right.

The lawyers and the courts should have known about the law that Keith Rule investigated, and should have asked people to consuder using it.  I feel the courts should look at return of money through bad advice (or incomplete advice) from that period also.

What are your comments on this please Maria?



_______________________

Best wishes, Brian

 




Like 0      
26 Oct 2016 11:10 by mariadecastro Star rating in Algeciras (Cadiz). 9298 posts Send private message

Legal Questions? Speak to Maria Direct

Liability for the refund of all paid amounts plus legal interests, using law 57/68 and all its ongoing interpretation by Supreme Courts is either with (1) Guarantor entity (2) entity receiving deposits. That is the main and more substantial claim, which using public inalienable rights of Law 57/68 make Banks main liable party when those amounts were not guaranteed.

As action using law 57/68 does not cover other related expenses, this action against original conveyancing lawyers can be used to claim all expenses their negligencies caused ( hiring of new lawyer, Court agent, POA, travellings....) and,of course, the refund of their  conveyancing fees. They have indemnity insurances so there is no problem on solvency.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
26 Oct 2016 13:30 by ads Star rating. 4012 posts Send private message

Thank you Maria.

What about the instance where a Generic BG existed but no provision of individual guarantee was made, would this be considered negligent?





Like 0      
26 Oct 2016 14:30 by mariadecastro Star rating in Algeciras (Cadiz). 9298 posts Send private message

Legal Questions? Speak to Maria Direct

It will

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

Velez Malaga Torrox and Nerja helpful info... - 0 posts
any info re costs involved with moving to spain - 14 posts
Solicitor recommendation - 14 posts
HOW CAN I PAY ENDESA - 8 posts
Do you need business or trade finance? - 0 posts
Torrox Costa/Nerja and surrounding areas - 0 posts
Dual Nationality by Origin - 3 posts
Costa Luz Lawyers. Recommendation - 0 posts
ITV - 18 posts
Modelo 210 again - Murcia - 9 posts
Warning: Actions against Banks: not that easy - 16 posts
Warning: Actions against Banks: not that easy - 0 posts
home intercom - 0 posts
Insects in bathroom - 8 posts
tv repairs - 4 posts
Can I sue a Spanish lawyer in England if they have been neglectful? - 0 posts
Plus valia tax - 1 posts
can't use the UK work van please advise... - 8 posts
Genuine Business Opportunity - 0 posts
How do you contact the Moderators ? - 6 posts
Proxy Votes - 4 posts
Fuengirola Marina Mini Market - 0 posts
Touring Caravan for Sale - Nerja Area - 1 posts
La Llacuna / Villalonga / Valencia - 2 posts
Roof terrace design - Malaga -> Marbella - 1 posts

Number of posts in this thread: 8

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:  
Email:
   


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x